News & Insights

What You Need to Know About Wrongful Termination and COVID-19 In California

The more things change, the more they stay the same. Even in
the midst of a global pandemic, American workers have certain fundamental rights. The most important
of these are the right to a safe workplace and the right to voice concerns
about your safety without fear of reprisal. Keep reading to learn more about
what this means for you now.

Your rights under federal law

The Occupational Safety and Health Administration (OSHA) is a federal agency operated under the auspices ofthe U.S. Department of Labor. One of it functions is to protect workersby creating and enforcing relevant workplace standards

This protection is afforded to most private sector employees directly or through one of OSHA’s officially recognized state plans. Local and state government workers in states or territories with federally endorsed state programs, are also covered. So are federal government workers.

Accordingly, all U.S. employers must comply with applicable OSHA standards . As per the General Duty Clause of the OSH Act, they must also keep their workplace free of “serious recognized hazards.”

The General Duty Clause, Section 5(a)(1) of the Occupational
Safety and Health (OSH) Act of 1970

Applicability of state standards

OSHA has also acknowledged the applicability of state standards created and enforced through its “approved state plans.” In California, this includes the Aerosol Transmissible Disease Standardscreated and enforced by the Occupational Health Branch of the California Department of Public Health (Cal/OSHA).

The ATD standard is
designed to prevent the spread of workplace illnessthrough the inhalation of
air containing viruses, bacteria, or other such contagions. As set forth in Title
8 CCR; Section 5199, it specifically applies to workplaces where infectious
disease is most likely to occur.
Examples include hospitals, urgent care and similar clinics, emergency medical
services and laboratories.

The ATD Standard –
Zoonotic is designed to protect employees from illnesses that animals can
transmit to people.

Other state
standards and protocols may also
apply. These include protocols for identifying COVID-19 as a workplace hazard,
hazard mitigation and relevant employee training.

Making complaints and freedom from retaliation

California workers have the right to voice concerns about workplace safety and health hazards under the California Occupational Safety and Health Act of 1973. The law also includes provisions for confidentiality. Among other things, this means the name of any worker who makes a complaint will be withheld unless he or she specifies otherwise.

State and federal laws also protect employees who file
formal workplace safety and health complaints from retaliation or
discrimination. If you made or make any such complaint about a California
workplace and feel you were subjected to unjust treatment, you can find
detailed information about your options under applicable state laws, here.

The applicable federal law is set forth in Section 11(c) of the Occupational Safety and Health Act of 1970, 29 USC 660(c). It also bars employers from retaliating against workers who make formal complaints or otherwise express concern about safety and health conditions. This means that you cannot be fired, transferred, demoted or mistreated in any other way solely because you raised such concerns.

To learn more about your rights, or to get legal guidance
about your options if you feel you have been unfairly treated after raising
concerns about COVID-19 in your workplace, contact LawPLA, today.